Life on a Mediaeval Barony: A Picture of a Typical Feudal Community in the Thirteenth CenturyDavis, William Stearns
History
Life on a Mediaeval Barony: A Picture of a Typical Feudal Community in the Thirteenth Century
Davis, William Stearns
Chivalry; Civilization, Medieval; Feudalism
Instantly Pinabel strode forward and cried to the assize of nobles:
"I say that Thierry has lied. I will fight!" and at once Charlemagne
took pledges from both champions that they would stand the "ordeal."
Each warrior then promptly went to mass, partook of the Sacrament,
and bestowed great gifts on the monasteries. Next they met in mortal
combat. After a desperate duel Thierry smote his foe "through the nasal
of the helmet ... and therewith the brain of Pinabel went gushing
from his head." There was no appeal from that verdict! Well content,
Charlemagne immediately caused Ganelon to be pulled asunder by four
fierce stallions.
However, these noble usages are falling into decadence. Certes, it
is an unknightly thing when both litigants are young cavaliers,
evenly matched, and when the issue concerns honor rather than legal
technicalities, for them to insist that the matter be settled merely
by a peaceful verdict, as if they had been wrangling merchants. But
the Church, the men of books, and the higher suzerains discourage
this practice, especially when the cases are intricate, and one of
the litigants cannot fight efficiently or provide a champion. As for
challenging a judge after a disagreeable verdict, the thing is becoming
dangerous, for all the other judges will feel bound to support him.[49]
The most likely happening is for the defeated litigant to retire to
his castle, summon his followers, and defy the court to enforce its
verdict. This happened with a sire of the Court of Trabey, a neighbor
of Conon's. Said sire, having been ordered by his peers to give up a
manor he had been withholding from his young nephew, sent a pursuivant
before their tribunal formally declaring war. The entire seigneury had
to arm and actually storm his castle before he would submit.
However, most St. Aliquis cases concern not the nobles, but only
villeins, and with these (thanks be to Heaven!) short shrifts are
permitted. The provost can handle the run of crimes when the baron
is busy; but a good seigneur acts as his own judge if possible. Even
during the festival period it is needful for Conon to put aside his
pleasures one morning to mount the seat of justice. In wintertime
the tribunal is, of course, in the great hall, but in such glorious
weather a big shade tree in the garden is far preferable.[50] Here
the baron occupies a high chair. Sire Eustace sits on a stool at his
right, Sire André and another vassal at his left as "assessors," for no
wise lord acts without council. Father Grégoire stands near by, ready
to administer oaths on the box of relics; Sire Macaire, the provost,
brings up the litigants and acts as a kind of state attorney.
[Sidenote: Trial of Villeins]
Public-domain text, read in full here on John Shaqi.
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